Sekar vs Uma
2025 Latest Caselaw 1345 Mad

Citation : 2025 Latest Caselaw 1345 Mad
Judgement Date : 24 July, 2025

Madras High Court

Sekar vs Uma on 24 July, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                    C.R.P.(NPD).(MD)No.1749 of 2025




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 24.07.2025

                                                           CORAM

                                  THE HON'BLE MR. JUSTICE M.DHANDAPANI

                                         C.R.P.[NPD](MD)No.1749 of 2025
                                                              and
                                            C.M.P.(MD).No.9469 of 2025


                Sekar                                                                     ...Petitioner
                                                     Vs.

                Uma                                                                        ...Respondent

                PRAYER: Civil Revision Petition is filed under Section 115 CPC to allow the

                Civil Revision Petition and set aside the judgment and decree dated 05.03.2025

                made in E.P.No.4 of 2024 made in I.A.No.1356 of 2022 in H.M.O.P.No.345 of

                2018 on the file of the Family Court, Madurai.

                                      For Petitioner                  : Mr.PT.S.Narendravasan


                                      For Respondent                  : Mr.C.Guhaseelarupan
                                                     ORDER

This Civil Revision Petition has been filed to set aside the judgment and

decree dated 05.03.2025 made in E.P.No.4 of 2024 in I.A.No.1356 of 2022 in

H.M.O.P. No.345 of 2018 on the file of the Family Court, Madurai.

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2. The learned counsel appearing for the petitioner submits that the

marriage between the petitioner and the respondent was solemnized on

12.09.1991, and out of the said wedlock, two children were born, who are now

majors. Subsequently, matrimonial disputes arose between the parties, and the

petitioner filed H.M.O.P.No.345 of 2018 before the Family Court, Madurai

seeking a decree of divorce, which is still pending. Thereafter, the respondent

filed I.A. No.1356 of 2022 before the Family Court, Madurai, seeking monthly

maintenance of Rs.25,000/- from the petitioner. The trial Court, after hearing

both sides, allowed the application and awarded a sum of Rs.5,000/- per month

as maintenance to the respondent from the date of the petition. Aggrieved by the

said order, the petitioner filed C.M.A. (MD) No.836 of 2023 before this Court.

However, by order dated 05.01.2024, this Court confirmed the order of the

Family Court. Subsequently, the respondent initiated execution proceedings in

E.P.No.4 of 2024 for recovery of arrears. The trial Court, by order dated

05.03.2025, ordered the arrest of the petitioner without affording an opportunity

for compliance or granting sufficient time, and also in the absence of any

accompanying calculation memo. The petitioner contends that he is unemployed

and unable to pay the arrears. However, as per the direction of this Court dated

26.06.2025, he deposited a sum of Rs.1,00,000/- before the trial Court on

04.07.2025.

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3. Per contra, the learned counsel for the respondent submits that the

petitioner earns Rs.5,000/- per month and that as on 05.03.2025, the total

arrears stood at Rs.1,85,000/-. He prays that appropriate directions may be

issued for recovery of the balance amount in installments and for continuation

of the monthly maintenance.

4. Considering the submissions made and taking note of the deposit

already made by the petitioner, this Civil Revision Petition is disposed of with

the following directions:

(i).The petitioner has already deposited a sum of Rs.1,00,000/- before the

trial Court. Hence, he shall pay the remaining sum of Rs.85,000/- in four

monthly installments. A sum of Rs.25,000/- shall be paid by the petitioner to the

respondent on or before 15.08.2025; Rs.20,000/- on or before 15.09.2025;

Rs.20,000/- on or before 15.10.2025; and the balance amount of Rs.20,000/- on

or before 15.11.2025.

(ii). The petitioner shall continue to pay the monthly maintenance amount

of Rs.5,000/- to the respondent on or before the 7th day of every English

calendar month.

5. If the above said order is complied with by the petitioner, the execution

proceedings against him shall stand closed. Liberty is granted to the respondent

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to initiate appropriate proceedings in accordance with law in case of default.

No costs. Consequently, the connected miscellaneous petition is closed.

24.07.2025

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